Jim Leljedal, Media Relations Director for the Broward County (Fla.) Sheriff's Department confirms to E! News that the Oscar-nominated filmmaker will not face criminal charges for touching his niece.

"There was never a case, nothing, and there are no charges," Leljedal says.

He adds that if Nicole wants to continue the case, she would have to take it to the Florida State Attorney's office.

The investigation originated last week whenNicole Peloquin (born Nicholas Peloquin), the daughter of Russell's adopted sister, claimed that Russell felt her breasts during a workout at a Florida hotel gym.

Russell insisted the incident was consensual.

"We are pleased that the authorities have looked into this matter and have confirmed that the investigation has been concluded and the case has been closed," a rep for Russell tells E! News.